Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Azerbaijan (Ratification: 1992)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2, 3, 4, 6 and 7 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Government indicates in its report that, in accordance with the Employment Strategy of the Republic of Azerbaijan 2006–15 and the State Programme for the Implementation of the Employment Strategy 2011–15, work is being carried out to develop special active programmes, in particular specialist vocational training programmes, psychological and vocational guidance testing, the creation of special workplaces (including in the regions), and the promotion of entrepreneurship. It further indicates that, in fulfilment of the requirements of the United Nations Convention on the Rights of Persons with Disabilities, the Ministry of Labour and Social Protection has prepared a draft law on the rights of persons with disabilities, which is undergoing review by the relevant state authorities, taking into account the views of civil society.

In reply to its previous comments, the Committee notes the statistics provided by the Government indicating that a total of 2,386 persons with disabilities applied to the State Employment Service from 2011 to 2014, of which 692 were women. Of the total number of applicants, 999 persons were placed in employment (227 women) in 2011–14. Seventy-five per cent of those placed in employment (755 persons) were placed through a quota system, of which 19 per cent (145) were women. During the same period, the State Employment Service offered vocational training to 285 persons with disabilities and an additional 72 persons (40 women) were employed in community work.

The Committee notes with interest that a Centre for the Vocational Rehabilitation of Young People with Disabilities was established in Baku. In the first six months of 2015, 183 people underwent vocational rehabilitation at the Centre.

The Committee also notes the concluding observations on the initial report of Azerbaijan by the Committee on the Rights of Persons with Disabilities (CRPD/C/AZE/CO/1, 12 May 2014) expressing its concern that “the number of persons benefiting from these quotas is very low” and “at the lack of adequate employment programmes to complement the use of quotas to enable persons with disabilities to participate effectively in the open labour market”.

The Committee requests the Government to continue to provide information on the implementation of its national policy and to inform it once the draft law on the rights of persons with disabilities is adopted. In this regard, please provide further information on any provisions of the new legislative text that focus on promoting employment in the open labour market and on promoting effective equality of opportunity and treatment between workers with disabilities and other workers, including on reasonable accommodation. In light of the observations of the Committee on the Rights of Persons with Disabilities, the Committee requests the Government to take the necessary steps to ensure the effective participation of persons with disabilities in the labour market. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including information on programmes and measures taken to increase the proportion of women with disabilities in employment and vocational training, as well as on the different types of training measures (mainstream or specialized training) and their impact. Please also provide statistics and relevant data, disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries concerning the matters covered by the Convention, including information on compliance with the quota system for employing persons with disabilities in the private and public sectors.

Article 5. Consultation. The Government indicates that national and local coordination committees have been set up with a view to promoting employment. The committees consist of representatives of government, representatives of employers’ and workers’ organizations, as well as organizations representing the interests of people particularly in need of social protection, including persons with disabilities. The Committee requests the Government to provide further information on the content and outcome of the consultations held within the national and local coordination committees on the implementation of a vocational rehabilitation and employment policy for persons with disabilities.

Article 8. Services in rural and remote areas. The Government indicates that regional vocational training centres currently operate in the cities of Baku and Goychay and in the Nakhichevan Autonomous Republic. It adds that work is underway to set up a similar centre in the city of Ganja. The Committee requests the Government to provide further information on the activities of the centres providing vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Committee reiterates its request that the Government provide information on the measures taken to ensure the availability of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s replies to the 2005 direct request received in August 2010.

Article 2 and 8 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities, and services in rural areas. The Government indicates that, under the Employment Strategy 2006–15 and the Programme for the Implementation of the Employment Strategy 2007–10, measures are being implemented in order to allow the integration of persons with disabilities in society and increase their level of employment. The Government reports that, in the period 2007–09, 716 persons with disabilities were placed in jobs through the employment service, of which 616 were in quota jobs. During the same period, 178 persons with disabilities were enroled in vocational training courses. In the first quarter of 2010, 48 persons with disabilities were placed in jobs. The Committee notes that, from 2007 to 2010, the Ministry of Labour and Social Protection organized vocational training courses addressed at young persons with disabilities in the suburbs of Baku and in the Ramana housing estate. The Committee invites the Government to continue to provide information regarding the measures taken to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in cities, rural areas and remote communities. The Committee also invites the Government to continue to provide information on the manner in which the Convention is applied in practice, including for example statistics disaggregated by sex, extracts from reports, studies and inquiries, concerning the matters covered by the Convention (Part V of the report form).

Article 5. Consultation of the social partners. The Government refers to section 15 of the Employment Act which provides that for the purpose of preparing coordinated decisions in the employment sphere, national and local coordinating committees are established, made up of an equal number of representatives of trade unions, employers’ organizations, the Ministry of Labour and Social Protection, relevant national and local government agencies and voluntary organizations representing the interests of citizens in special need of social protection. The Government further recalls that the Cabinet of Ministers Decree No. 40 of 5 March 2002 provides that the national coordinating committee, amongst other functions, discusses proposals of regional and municipal employment centres on job quotas to provide employment for people experiencing difficulty in obtaining a job placement. The Committee invites the Government to further describe in its next report the manner in which representative employers’ and workers’ organizations, and representative organizations of and for persons with disabilities are consulted in practice regarding the implementation of the vocational rehabilitation and employment policy for persons with disabilities.

Article 9. Training of suitably qualified staff. The Committee once again invites the Government to provide information on the measures taken to ensure the availability of suitably qualified vocational rehabilitation staff.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its report covering the period ending in May 2005. It notes with interest the approval of the national programme of socio-economic development for the regions of the Republic of Azerbaijan (2004-08), in the context of which the construction of rehabilitation centres is envisaged in the cities of Sumgait, Cheki, Evlakh, Lenkoran, Naftalan and Khatchmaz. Each year, the Government adopts the programme to finance social protection measures for persons with disabilities. The objective of the socio-economic programme is to strengthen and bring closer the service for the rehabilitation of the disabled by establishing it directly in the regions. The Committee requests the Government to indicate in its next report the results achieved through the measures adopted with a view to the integration of persons with disabilities into the open labour market, particularly in rural areas (Article 8 of the Convention).

2. With reference to its previous comments, the Committee recalls that the Government has to undertake consultations with organizations of employers and workers and of persons with disabilities (Article 5). The Committee requests the Government to provide information on the consultations held in the context of the implementation of the national programme for socio-economic development and the measures that are to be taken to secure cooperation and coordination between the public and private bodies engaged in the vocational rehabilitation of persons with disabilities.

3. Application of the Convention in practice. The Committee requests the Government to provide information in its next report on the manner in which the Convention is applied in practice, including for example statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention, with particular reference to the development of training for the staff of the centres, and vocational training (Article 9 and Part V of the report form).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 5. In reply to previous comments, the Government states that the Association of Entrepreneurs of Azerbaijan was formed only in 1999, so consultations which include employers' representatives have only recently begun. It adds that Decree No. 62, 1999, specifies implementation measures for the Government's policies pertaining to rehabilitation. The Committee notes this information and asks the Government to clarify whether Decree No. 62 requires consultations with organizations of employers, workers and persons with disabilities. It would also appreciate receiving a copy of Decree No. 62.

Article 8. The Government states that an experimental vocational rehabilitation centre has been created in Nakhichevan and the Government is planning similar centres in five other towns. It added that voluntary organizations of disabled persons have created enterprises where disabled persons of different occupations are employed. The Committee notes this information and asks to be kept informed of progress in expanding the vocational rehabilitation centres and employment programmes in rural areas.

Article 9. In reply to previous comments, the Government states that there is one centre with 76 specialists but that no measures have been taken or envisaged to expand training to other vocational rehabilitation staff, due to lack of funds. The Committee draws attention to the obligation to ensure the training and availability or rehabilitation counsellors and other suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of disabled persons. It would appreciate being kept informed of any progress made in this respect.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. It would be grateful if in its next report the Government would provide additional information on the following points:

Article 5 of the Convention. The Committee notes the information on the role of organizations of disabled persons in the implementation of the national policy on vocational rehabilitation and employment of disabled persons. It also notes the provisions of the Employment Act of 1991 concerning the participation of the trade unions in the implementation of the state employment policy. It would be grateful if the Government will indicate whether trade unions are consulted on the implementation of the national policy on vocational rehabilitation and employment of disabled persons, and whether the representative organizations of employers are also consulted on the implementation of the said policy, as required by this Article.

Article 8. The Committee notes brief indications in the Government's report concerning measures taken in rural areas in favour of disabled children. It would be grateful if the Government would describe, in its next report, measures taken in regard to other categories of disabled persons, with a view to promoting the establishment and development of vocational rehabilitation and employment services for these persons in rural areas and remote communities.

Article 9. The Committee notes the Government's statement to the effect that there is no system of training of vocational rehabilitation staff in the country at present. It also notes the provision of section 15 of the Act on the Social Protection of Disabled Persons, 1992, concerning special training of such staff which shall be ensured by the State. The Committee would be grateful if the Government would indicate, in its next report, measures taken or envisaged to ensure the availablity of suitably qualified vocational rehabilitation staff, in accordance with this Article of the Convention and the national provision referred to above.

Point V of the report form. Please provide information on the application of the Convention in practice, including for example statistics, extracts from reports, studies and inquiries, concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).